New York’s child support system is based on the Child Support Standards Act. This act provides a guideline for how much child support should be paid based on the income of the non-custodial parent. The amount of child support can be modified if there are exceptional circumstances, such as high medical costs or a significant change in income.
In New York, the amount of child support granted involves calculating a percentage of “income” depending on the number of children. The formula is adjusted as follows:
- 17% of income for one child.
- 25% of income for two children.
- 29% of income for three children.
- 32% of income for four children.
- 35% of income for five or more children.
However, it’s not exactly that simple. The calculation of “income” starts with both parties’ incomes, subtracts FICA (social security and Medicare tax), and deducts local income tax.
It is worth noting that this calculation method is not the same as how the IRS calculates “adjusted gross income” on one’s tax return. So, one cannot look at your tax return’s adjusted gross income line to run the child support calculation.
What Are Some Common Reasons For Child Support Matters To Be Contested In New York?
If you’re considering contesting your child support in New York, think again. Consider whether you have a good reason – like if you disagree with the amount of child support offered, or there’s a substantial dispute as to the non-custodial parent’s income. In that case, you may want to consider challenging the settlement offer at trial.
If you and the other parent are seeking a child support agreement, the court will first calculate the presumptive amount based on your combined parental income up to $163,000. If your incomes exceed this amount, the court has discretion over whether to apply the percentages to income beyond the cap.
Another reason child support could be contested is to challenge the amount of income being reported.
Sometimes, parents are not immediately honest about how much they can provide. This is seen regularly with business owners who often have a large percentage of their gross income committed to business expenses.
For more information on Calculating & Assigning Child Support In NY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 362-3080 today.